years for all of the support, and everybody here at fox has been great. i'm headed down to miami for a new adventure and news on that coming up soon, but thank you so much. and thanks for this. and i can't wait to see -- jamie: you've got to keep your good looks, you know? rick: all right. take care, everybody. "happening now" starts right now. jamie: bye, everybody. jon: a fox news alert and a worldwide travel warning coming from the state department focused on threats from al-qaeda. the mideast and northern africa are particularly part of this warning about the continued potential for terrorist attacks. the state department says u.s. citizens should take every precaution to be aware of their surroundings and to adopt appropriate safety measures to protect themselves when traveling. of course, this comes on the heels of the closure of several of our embassies in middle ian countries -- can middle eastern countries as a result of these warnings. as we get more information, we'll bring it to you here on fox.

>> and right now we do have some brand new stories to tell you about as well as breaking news. jon: new information on what's next for kidnapped rapist ariel castro. what the future holds. also just crossing the wires right now former mob boss whitey bulger will not testify at his own trial, that according to the associated press. his lawyers say they will call two witnesses. we are on that case. plus, what sent actress jamie lee curtis to the hospital and the hollywood star who rushed to help her. it's all "happening now." ♪ ♪ jon: and we begin on this friday morning with another effort to derail president obama's health care overhaul. this as house republicans get set to vote for the 40th time on legislation that would block the irs from implementing that law.

good morning to you, i'm jon scott. alisyn: hi, everybody, i'm alisyn camarota, good to be here, jon. jon: good to have you here. alisyn: house republicans are expected explain why they've occupied so much time and wasted count less

taxpayer -- countless taxpayer dollars on 40 repeal votes that stand no chance of being enacted while refusing to go to conference to enact a budget into law. alisyn: and a group of gop senators also getting in on the action by leading an effort to defund the measure. jon: new information on a crime that's becoming all too common and may be costing taxpayers billions. today the house oversight committee is hearing testimony from the acting irs commissioner about tax fraud stemming from identity theft. congressman john mica saying it's so easy and so lucrative to scam the irs that drug dealers are giving up trafficking and taking it up instead. chief congressional correspondent mike emanuel in washington with details on that. so what else are they saying about this problem? >> reporter: well, jon, lawmakers from both parties are saying there is unintended good news that there is less drug dealing, but identity theft is, obviously, hurting a lot of their constituents, so here's an

example of some bipartisan concern. >> will it's being said that tax fraud is actually taking work away from drug dealers because it's easier and safer to scam the irs than it is to sell butting drugs. >> i just want to make sure we are aiming towards the problem. you know, we can have motion, emotion and no results. and the problem just gets worse. and so i'm looking forward to the testimony, but i'm also looking forward to solutions. >> reporter: to explain congressman cummings' comment there, he's been at odds with republicans over the targeting of conservative groups, so that's why he's emphasizing solutions. jon: and what's the irs saying about all this? >> reporter: well, it's certainly been a bumpy week for officials. the witnesses have told lawmakers the harm this inflicts on innocent taxpayers is a problem they take seriously, and the agency's work on identity theft and fraud involves every area of the tax collection

agency. they say they need to improve technology to create more sophisticated filters, and the acting commissioner says the irs budget is another challenge. >> the work we are already doing on refund fraud and identity theft involves a difficult balance of resources and staffing at a time when our budget has been reduced by $1 billion since fiscal year 2010. this includes the reduction of $618 million this year alone as a result of sequestration. >> reporter: this is taking place at as the house of representatives is now debating a bill to keep the irs from getting involved in americans' health care under obamacare. the argument being made is the irs cannot be trusted with more power and access to more of our confidential information. jon? jon: mike emanuel, thank you. alisyn: meanwhile, as we just told you, there was a terror threat forcing many u.s. embassies to close this weekend, and as we also mentioned, it has been expanded to a worldwide travel warning for americans. the state department instructing several embassies typically open

on sundays, including those in cairo and baghdad, to shut down this weekend. and officials saying the threat is serious and credible and that an al-qaeda affiliate might be plotting an attack in the coming days. ambassador john bolton is the former u.s. ambassador to the u.n. and a fox news contributor. hello, mr. ambassador. >> good morning. alisyn: okay. so let's talk about this threat to our embassies and be embassies throughout the middle east. what do you know about this threat? >> well, i think the fact that the embassies and several consulates in the regions are being closed on monday which is normally a working day in the muslim world shows that this information is pretty serious, that the threat is serious, so they don't want americans or others coming to work. they want to try and reduce the vulnerability of the facilities and the individuals by keeping them dispersed at their residences and so on. and i think the travel warning that's now been added actually adds information. very interesting. it says that it's al-qaeda and

associated groups that they're worried about and that the threat might be manifested in an an attack in or emanating from the arabian peninsula. so the talk we've heard recently about reducing al-qaeda in the arabian peninsula's reach and strength, obviously, misplaced. i think it's also important that the travel warning now tells all american citizens -- not just government officials, but all americans in the region -- i think really beginning right now that they need to be worried, and this travel washing extends -- warning extends through august the 31st. so that's a significant period of time, and i think indicates pretty good information even if they're not being specific about exactly what it is. alisyn: mr. ambassador, how do you think we picked up on this new chatter, if that's what it is that tipped us off? >> well, i think this is very significant given the controversy over the nsa's programs and foreign intelligence gathering. this is actually what nsa does.

we don't know specifically, obviously, where the intelligence came from, but all that monitoring of e-mails and internet web sites and phone calls, this is, this is what american intelligence is supposed to do. we spy on foreigners. and i think the greatest criticism one can make of our foreign intelligence gathering is that there's not enough of it. alisyn: let's turn our attention to iran. the president-elect of iran had some choice words for israel, and if we were hoping for some toned-down rhetoric, it looks like we'll be disappointed, because he's just said that israel is an old wound on the body of the islamic world that should be removed. that was his quote. what are we to make of his statements? >> yeah. well, that's, that is the new moderate who's about to be sworn in as president of iran on sunday. now, the iranian news agency has tried to say thins that quote -- since that quote went out from the iranian news agency that it

was misquoted or misconstrued or something. i think they actually did the tehran version of the washington gaffe which is telling the truth about what the incoming iranian president actually believes. i think that anybody who thinks that the new regime, the new president in iran is going to fundamentally change their policy is badly misguided. i think he wants to get relief from the sanctions, but there'll be no backing away from the iranian nuclear weapons program, make no mistake about that. alisyn: even though, of course, he did pledge to follow a, quote, path of moderation as well as greater openness over iran's nuclear program. so you think that none of that was actually genuine? >> right. i think he's following the p.t. barnum doctrine which is there's a sucker born every minute. alisyn: ambassador john bolton, great to sew you. thank you. -- great to see you. >> thank you. jon: a fox news alert and new monthly jobs numbers released today.

the unemployment rate dropping to 7.4% for the month of july. now, that is a .2 percentage drop from last month, and it's the lowest rate since december 2008. the labor department says 162,000 jobs were added to the economy, but 240,000 americans stopped looking for work, and that led in large part to the drop in the unemployment rate. it is the smallest increase since march, talking about the increase in the number of jobs. this all comes a day after the dow and s&p 500 closed at record levels. we will see how the markets react to this news today. jamie: and casey anthony is back in the headlines. what she has agreed to do to avoid having to sell her life story. and things, of course, heating up on capitol hill. white house republicans are getting set to vote for the 40th time to derail obamacare.

alisyn: right now some new info on some crime stories we've been watching for you. cardinals' cheerleader accused of assaulting her boyfriend. police in arizona say. >> she called 911 claiming her boyfriend was being violent, but police say the boyfriend videotaped what really happened which then led to her arrest. and in georgia a jury is set for snyder match's trial and opening statements will likely start monday. her husband was killed by her former boss a few years ago outside of her son's daycare facility. prosecutors recently dropped murder charges, now she'll be tried for perjury and hinterring the investigation. and casey anthony agreeing to pay $25,000 to her bankruptcy estate to avoid having to sell her life story. the trustee of the estate wanted anthony to write the story to

help pay off her debt. a judge approving the agreement in papers made public this week. anthony was aqised, of course, two years ago in the death of her daughter, caylee. jon: well, the battle over health care rages on as house republicans are set to vote for the 40th time today to cripple obamacare. they are debating the measure right now. it would stop the irs from implementing any part of the president's signature law. the bill not expected to get past the house, but it comes as democrats and republicans are planning massive publicity campaigns for and against the law depending on their particular point of view. chris freights is a national correspondent for the national journal. chris, the republicans have the votes to prevent the irs from implementing obamacare. not a lot of support for the irs among the american taxpayer these days especially. but will this go anywhere, today's vote? >> well, jon, i think that's the question, and the answer is, no.

this bill will get past the house, but the senate has shown time and again for the other 39 repeal vote that is the house has taken that they have no interest in bringing this to the floor, and they're going to protect the president's health care reform initiative. so what we're looking at with house republicans is they are taking a piecemeal approach now. they're trying to find ways to defund or dismantle health care reform as opposed to an overall repeal, and they're taking a very unpopular irs and hitching them to the health law because they understand that people don't trust the irs, and the irs will be in charge of enforcing penalties for people who don't get health insurance. jon: you hear the president and democrats on capitol hill often saying, look, you know, this is the law of the land, you republicans have to get onboard, but this law was passed with essentially no republican support. why should they all of a sudden get onboard with something that they never really supported in the first place? >> well, that's exactly how

republicans feel about this. they say if you look at the support for this, it's very split, and it has been always a majority against health care reform for the last two or three years. so republicans understand that their constituents do not like this bill, and they want to find a way to repeal it, dismantle it and replace it. and you're going to see very targeted campaigns this august. the congress just -- the house is in session, they'll leave this afternoon, the senate left yesterday for a five week recess. and during that recess big insurance companies, the u.s. chamber of commerce, they're starting a new campaign that's going to target what they call, essentially, a health care sales tax. and they're hoping to explain to lawmakers and their constituents you're going to be paying more for your health care. here's how, in the hopes that they can target that tax, and then when lawmakers return, maybe they could repeal that piece because republicans understand that there's no way a

full repeal of obamacare's going to go through. but they have had some limited success in targeting pieces of that, and they're going to continue with that campaign going forward. jon: and the president's old obama for america campaign organization now called organizing for america is trying to, well, i guess they're going to mount a campaign to try to get young people to pay for their health insurance, to start buying their health insurance. that is going to be a tall order, it would seem to me, to try to convince people to voluntarily go out and spend hundreds of bucks a year on health insurance just to live up to the obamacare standards. chris frates, thank you very much. >> thank you, jon. alisyn: and did you watch this yesterday? ariel castro sentenced to life in prison without the possibility of parole plus a thousand years. he pleaded guilty to kidnapping, murder and rape charges after holding those three young women captive for years. we have all of the details from the dramatic sentencing hearing. and what castro's life will be like from now on. and monday's reportedly the

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alisyn: new information on what's in ste for convicted kidnapper and rapist ariel castro. a judge sentencing the cleveland man to life without parole plus a thousand years. castro pleaded guilty to kidnapping and raping three women whom he held captive in his home for a decade. one of his victims got up and spoke in front of castro at his sentencing hearing telling him she went through hell, but his is just beginning.

harris faulkner is at the breaking news desk. what an emotional and poignant statement michelle made yesterday. >> reporter: yeah. well, her whole just few minutes, allison, were so riveting, and so many people watched it and wondered, okay, what would hell look like? well, we're getting an idea today. some criminal experts in ohio are talking about where ariel castro is likely headed, a remote facility around 90 miles outside cincinnati. after his strip search, they say he'll be in isolation, allowed to keep his watch provided it just shows the date and time so hectic away all the years while he rots in a cell. that's actually just the headline. the details according to the men and women say sex offenders are at a high risk of being killed in prison, especially in ohio where interestingly, cutbacks have led to limited help for the mentally ill. and many are ending up behind

bars and are quite dangerous because they're not getting the help they need. in court yesterday in a bizarre diatribe, castro told a long list of excuses for snatching and said his first victim was basically a crime of activity. >> i wasn't planning that day, it wasn't something that i was trying to look -- [inaudible] i didn't do that. that day i went to family dollar, and i heard her oversay something about -- and i reacted on that. >> reporter: and one of the victims, michele knight, a young mom of a doddler when she was first -- toddler when she was first taken says this man's too evil for a quick death. she bravely read that statement just a few feet away from the uponster who stole 11 years of her life. >> death penalty would be so much easier. you don't deserve that.

you deserve to spend life in prison. >> reporter: well, if those legal experts are right, castro's likely destination is the southern ohio correctional facility, a maximum security lockup. and his daily regimen would look like perhaps three -- 23 hours alone in a cell with a desk, a bed and a toilet. back to you. alisyn: oh, those victim impact statements are so important for everyone to hear, and it was great to have michelle bravely stand up and face him. harris, thanks so much for that update. >> reporter: sure. jon: well, right now it looks like yankees' slugger alex rodriguez has until monday to accept his punishment. new reports say major league baseball wants a 200-plus game suspension for the yankees' star. thirteen other players also accused of using banned performance-enhancing drugs from an anti-aging clinic in florida. if rodriguez refuses this deal, reportedly, he could face a lifetime ban from the game, so

what does he do? jeff foster is sports editor for "the wall street journal", ken rosenthal is a senior writer for foxnews.com. jeff, outline a little bit of the charges against alex rodriguez and what his, you know, what his potential decisions could be. we don't know specifically what major league baseball has against him. >> right, we don't know specifically, but we know it's significant. he's not going to avoid a suspension altogether, and i think his people know that. i think that's why they've changed their tune. now they're willing to negotiate with major league baseball. and we know he's had contact with antiknit bosh -- anthony bosh, e-mails, text messages. so they definitely are something. whether he tampered with the investigation or maybe tampered with some witnesses, that we don't know, and that would obviously make the case more significant. jon: ken, he is the highest paid player in baseball, right? >> oh, yes. he's got the biggest contract

and, actually, he has the record for tw two contracts, one after another. so here's a guy that is signed through 2017. that money under baseball's rule is guaranteed no matter what happens here, so it's going to be really interesting to see how it works. he would be suspended without pay, he'd lose money there, but the years through 2017 are guaranteed. jon: all right. so if he were to accept some kind of a suspension, he doesn't great paid for those 200 games which is roughly the number that we believe major league baseball is talking about, right? >> correct. and what we're talking about, what we've been hearing is a suspension that would cover this year and next year. that's the 200-plus games that you're referring to, jon. and, yes, he would not get paid during that time. but what i'm saying is there are three years remaining valued at 61 million after that. jon: there are reports he is reportedly thinking about gambling that if he does get

banned, essentially, that he could appeal that and likely -- apparently the gamble would be -- that he would be allowed back in because the arbitrators would think that a lifetime ban was just too much. >> right. right. and he would come back -- he could come back in a couple years, and he'll be close to 40, but he could still earn close to $60 million, and it's not just the $60 million, i think there's incentives in his contract if he hits 12 or 13 home runs, he gets another $6 million. so he does have all the reason in the world to come back when he's 40. whether his health, his hip can hold up, that's a different question. he definitely will try, he's got enough incentive. jon: one of the things his people, apparently, are arguing is that the other players are discussing, you know, maybe 50-game suspensions. why would it be four times as bad for alex rodriguez, the game's highest paid player?

>> because evidently baseball has a lot more on alex rodriguez than merely pd use. and what they were just talking about could be obstructing the investigation. lying to baseball's investigators in the past, recruiting other players to be clients of biogen sis. it is clear from baseball actions here is more evidence of rodriguez against all of these other players. jon: and we should find out monday. >> that is the hope, but we've heard a lot of different timelines with this. who knows? we could even find out today, but this is taking time x it's taking time for a reason, because it's very complex with all the negotiations, figuring out exactly how each side wants to proceed. it's not something that takes place overnight. jon: ken rosenthal and jeff foster, thank you both. alisyn: well, there's new fallout from the implementation of obamacare, the deal to avert

a major problem on capitol hill. and new concerns about a massive development project in hollywood, why geologists say the approved site for two skyscrapers could put californians in danger. a quarter million tweeters musicare tweeting.eamed. and 900 million dollars are changing hands online. that's why the internet needs a new kind of server. one that's 80% smaller. uses 89% less energy.

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the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don'drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain. jon: right now, there is some new fallout from the implementation of obamacare. get this the obama administration reached a deal with members congress that will avert a major problem on capitol

hill. this compromise allows lawmakers and their staff members to keep health care contributions from the government to help them all pay for the obamacare that they are going to have to come under. paul gigot, editorial page editor for "the wall street journal" now members of congress, just so our viewers know, always had, well, probably the best health care plan in existence? >> it's a what you get in successful or private company where the government pays individuals up to $5,000 subsidized their plan, gives them, let's them choose from a menu an families are subsidized up to about 11,000. jon: so when obamacare was being negotiated, republicans who didn't like this whole thing said, well, wait, a minute if we're going to require the american people to live under this thing called obamacare, we have to live under it ourselves. we're going to make members of congress and our staffs join

these exchanges and take part in obamacare? >> yeah. i think that is exactly right and the democrats didn't like it but they went along. the way this thing, it was rammed through by the senate, there was never a conference, remember. it was just jammed through on reconciliation. so they had to live with this provision. you would think that said, that congressional employees have to go through the exchanges just like most americans who want subsidies will have to go through the exchanges. jon: right. we have talked about this, you know, in segments that didn't involve you up till now a couple of times but there was this hue and cry on capitol hill because all these staffers and even some members of congress are saying wait, this will cost us a whole bunch of money. we'll lose some people because they will quit and won't get the kind of health care benefits or won't be able to afford the health care contribution they have up till now. >> that's right. the compromise is they will have to enter exchanges, but unlike other americans they can keep the same level of subsidies.

if you're joe schmo out in wisconsin you get the tax credit in wisconsin up to certain level but if you're a member about congress or staffer you will get the very rich benefits they currently get. sound to me like it is a two-tier system, if you're a member of congress or staff, you get one level of subsidies. if you're the average american, you get another, much reduced level of subsidy. jon: maybe we can put up on the screen just so viewers and voters understand what we're talking about here. say a single capitol hill aide would get about $5,000 a year from the federal government to help pay for obamacare under this situation and if they are married, have a family, they will get $11,000 a year. that's the kind of thing that is not going to be available, as you say to joe scmo? >> no they get subsidies based on income level. i don't know the exact number. it will be based on income, the

subsidies you get. the subsidies will rise the lower income you have, up to a certain level but it will not be the same kind of subsidy at all that you will see in the numbers you just showed. jon: so another sweetheart deal for members of congress is what we're talking about here? >> hard for me to see it any other way, jon. this is the way it is. this is double-standard. they pass a law and they don't expect everybody else to live under the same law they impose on everybody else. jon: don't you know it is expensive to live and work on capitol hill? >> they were afraid, i know. i lived in washington for a long time. very expensive to live there because it's a very prosperous place and gotten more prosperous relative to the rest of the country in the last five years. jon: one the few cities where the housing market took a hit for example, because the federal government keeps growing. unbelievable. paul, thanks for this contribution. >> all too typical. jon: unfortunately. be sure to catch paul this weekend during the "journal editorial report," saturday,

2:00 p.m. eastern right here on fox news channel. alisyn: a brand knew snapshot of the employment situation in america. the jobless rate dropping to 7.4% in july but u.s. employers added just 162,000 jobs, meaning americans are having to come up with some creative ways to make money. one mom and daughter are doing just that. karen zuckerman said as soon as she and her daughter stepped into a college dorm room they knew there was a chance to make big money. they are the founders of dorm file. great to see you. you got the idea shopping for dorm room decorations. what was the problem with the current decorations. >> i was entering my freshman year at washington university in st. louis. we were shopping in the dorm room, looking high and low something cool in required twin xl that all schools tell you need. we two store to store and creative mix of purchasing and diy projects we put together a look but it was not easy thing

to do at all. alisyn: thus your idea was born. your competition, the place most people go are pottery barns of the world, target, bed, bath & beyond. how does a little company like you survive? >> we're about all one-stop shopping right in our online store. we're a little bit more about fashion, which we love. and one thing i know is that moms and dads are really overwhelmed with getting their children ready for college. so we make it easy. alisyn: we're looking at shots of some dormifyed. you have hundreds of advisors. what do they do. >> they're ambassadors and contribute to our blog. besides our shopping experience we have more of a life-style aspect to our brand and they write blog post, promote on social networks and host events for us. alisyn: i understand that they're not paid but there are some benefits they recoup if they do well? >> right. there are certain situations where they can earn commission

on certain purchases that they, that friends of theirs make but they -- >> they host trunk shows. which is another great opportunity for them. alisyn: right. so they can get a commission? >> yes. >> and they get discounts. alisyn: they get discounts and commission so there are benefits. >> opportunities to win products. >> they get a line on the resume' saying they have had this work experience. >> correct. >> that is one of the big benefits. it is not cheap to begin a business. so what made you think that you could do this and what advice do you have for other people who in this climate are considering starting their own small business? >> i actually had the background owning an advertising agency, so i was able to do this myself. i'm used to taking and executing big ideas. but for people who are wanting to start new businesses i think you have to hang on to your idea and go forward. keep, try to do things simply. and, pick one win after the other. alisyn: just do one step at time? >> yeah. alisyn: don't bite off more than you can true? >> exactly.

alisyn: amanda, what have you learned? this is great college exercise. >> being in college and having the opportunity to be a young entrepreneur is really special and i learned so much at such a young age f you have an idea in college or in high school, i say run with it. get a team together and, stay determined. alisyn: people go to dormify.com? >> yep. alisyn: you're taking applications for different style advisors. >> yep. alisyn: not easy. it is not a lay-up but kids around the country at different campuses could sign up for it. we love the message, particularly if you're a morning anchor. thank you so much, ladies. great to see you. >> thank you very much. alisyn: jon? jon: i personally took pride in my spartan dorm room. alisyn: any photos of that era, jon? jon: probably a good thing. they didn't have photography back then. alisyn: or maybe you will draw us something. jon: orange crates. it was all orange crates. alisyn: okay. jon: all right. remembering a talented actor

gone too soon. corimon teeth died last month because after drug overdose. how the fox hit show, "glee" plans to honor his memory. big news from the "whitey" bulger trial. the former mob boss decides he will not testify. he is accused in the murders of 19 people. our legal panel decides whether not taking the stand is the right move for him. [ male announcer ] these days, a small business can save by sharing. like carpools... polly wants to know if we can pick her up. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones. now, everyone's in the spirit of sharing. hey, can i borrow your boat this weekend? no. [ male announcer ] share more. save more. at&t mobile share for business. ♪

jon: new next hour, congress is just hours away from the august recess. that means more than a month before lawmakers have to head back to capitol hill. then they will have just three weeks to pass a budget or the government won't have the money to keep running. it is no secret exercise can keep you healthy but a fascinating new study tells us why. plus a group of scientists wants to bring back an animal we have only read about in books

and seen in the history museums. what they hope to learn by getting the wooly mammoth to once again roam the earth. alisyn: fox news alert for you now. big news from the whitty bulger trial. the former mob boss will not testify. he told the judge it was an involuntary decision. he says he did not get a fair trial. but the defense when ahead and rested my r anyway. so what is next. joining us on the legal panel, brian silver, doug burns. gentlemen, thanks for being here. >> thanks for having us. alisyn: brian, an involuntary decision, what does that mean? >> listen this, is ridiculous. let's speak about reality for two section. the guy is trying to create an issue for appeal and frankly i don't think there is anything to it. i think he knows his ship is going down and he is trying to do what he can to save himself because he is just making the claim but i don't think there is any evidence behind.

>> it doug, you're a defense attorney. >> yes, i am. alisyn: if you have a client who says i insist on testifying, don't you let him? >> well, no, the, brian's right the decision is the client's decision. by the way the judge will jam this down his throat by saying, you know, is this a voluntary decision? he can kick and scream all day long. as brian says, it is really just to create an appellate issue but at the end of the day they put the person on the spot, excuse me, you now have to decide whether or not you're going to testify. is it going to be yea or nay? that's the end of it. but he is 83 years old. he is going absolutre and will not be successful on appeal. alisyn: doug, why not put him on the stand if he wants to testify? >> he doesn't want to testify. he is confusing everybody. he has decided he doesn't want to testify. alisyn: he said it was involuntary decision. >> as brian explained that is throwing in a nonsensical hail mary i'm not testifying but by the way it wasn't voluntary.

well explain to us what does that mean, it is not voluntary? the decision is the client's. there is no way, you could be fred astaire but you can't tap dance out of it. the judge will look him right in the face, you have the right to testify, if you would like to get up there go right ahead. he will jam it down his threat. alisyn: brian in the mobster trials as you know whitey is accused playing some part or authorizing the murder of 19 people but he may not have been the triggerman. is it hard to prove that? >> this goes down to the typical conspiracy rico case where the government brings forth evidence of his involvement. it is not about him, them having to prove that he is the triggerman per se, but so long as he participated in the planning, or took any affirmative steps that had to go into putting this crime together, he can be found guilt i. that is exactly what his case is about. alisyn: doug, the fact that "whitey" bulger a fugitive for 17 years make it easier to find him guilty?

>> great question and i had said, all along, alisyn, these jurors know that probably he is 83 years old or an advanced age, and most of them know probably he was a fugitive even though they're not supposed to take that into account. the reality that makes it permeate the room. it will not make it easier to convince him. >> absolutely. >> the evidence is there anyway and he will bo down like the titanic. alisyn: brian you agree he will be convicted on all this. >> 100% and that is why he talking about both sides of his mouth with the testifying business. he knows he is going down. he is doing everything he can to possibly save him save even though will lose big-time in the end. >> we're hearing from some of the 19 victim's families. they're up testifying. why wouldn't you put "whitey" bulger on the stand? >> you can't put him on the stand. alisyn: why not? >> trial lawyer knows it's a tedious death march, a withering, hours and hours, going through each of 19

murders, painstakingly he can't withstand that, no way. alisyn: brian you agree, this case is basically over? if whitey down take the stand, they have two more witnesses to call today then that's it and they wrap you think he will be convicted. >> absolutely. if he testified, the cross-examination would be completely destructive. i can't even imagine the lies and stories he would have to tell to get out of 19 murders. you can't go 19 for 19. it is just not possible. so strategically even though it is a loser of a case he is making the right decision by not testifying. >> brian silber, doug burns thanks so much for your expertise. >> my america sure. >> thank you. jon: a serious car crash to tell you about. actress jamie lee curtis gets rushed to the hospital but she had someone special at her side helping her out. we'll tell you about that. plans for a massive skyscraper in hollywood might have to be scrapped. the major safety concern just

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alisyn: we have some new info on entertainment stories that we're watching. the hit show "glee" plans an episode in response to cory montieth's tragic death last month. testing showed the young star died of an overdose of heroin and alcohol. the show will bid farewell to corey's character finn hudson in an episode next month though they have not spelled exactly how. jamie lee curtis was rushed to hospital after a traffic accident in venice, california. among the high-profile visitors, friend and actress,

jodie foster. she suffered only minor injuries amanda binds request to leave a hospital early have been denied. the judge decided she has to be at the facility for at least two weeks. bynes was committed after allegedly setting a fire in a neighbor's driveway. doctors say her treatment has been successful so far but they're worried she will not take her medication without supervision. jon: well, right now a 600 million-dollar development project in hollywood could be in jeopardy because of what scientists say they found underneath a building site. harris faulkner live from the newsroom with that. harris? >> well they call it the millennium project, jon and it is huge. a one million square foot luxury hotel space and offs. it would create of two of hollywood's tallest towers, one at 39 stories, there is a picture of it, the other at 35 stories all is set to move forward until a glitch. california top geologist says

the earthquake fault is active and run beneath the millennium project. awkward timing because the city council approved the massive structure. many geologists are chiming in urging more seismic testing to dig boreholes in the earth to determine exactly where the fault lies. california law bars construction of any new buildings within 50 feet of the fault line. that is not very far. we should mention, l.a. is undergoing an enormous building boom. this is a picture of a different project set to be tallest building in southern california that will sit on which are shire. it will replace the old wilshire grand hotel. it millennium, what everybody is talking about in west l.a. right now, these latest findings from the head of the state's geological survey say the fault is active and capable of producing a devastating earthquake. so 50 feet away even if the fault line were that far away wouldn't be enough anyway. millennium developers want the

state to hurry up and get this figured out so they can get results and started by early 2014. back to you. jon: sound like a problem. harris faulkner at the breaking newsdesk. we'll be right back [ man ] look how beautiful it is.

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[ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. jon: new information on the deadly terror attack in benghazi and what the cia is doing to keep the details under wraps, forcing operatives who were there to sign new secrecy agreements and moving them across the country to help keep them silent. a worldwide warning for americans traveling overseas, what we are learning now about an al-qaeda terror threat and why u.s. embassies are shutting their doors this sunday. plus, a brand new effort to bring an entire species extinct for thousands of years back from the dead. can they do it? ♪ ♪ alisyn: welcome back, everybody. a credible terror threat targeting americans overseas raising alarms in washington.

a possible plot linked to al-qaeda triggering a decision to close many u.s. embassies and consulated overseas. i'm al zahn camarota. jon: let's get the second hour underway, i'm jon scott. it's a brand new hour of "happening now," the state department issues an emergency warning for u.s. citizens abroad taking safety steps after learning of a specific and credible, we are told, security threat linked to al-qaeda. instructing u.s. diplomatic facilities in more than a dozen countries to remain closed or suspend operations on sunday. senior white house foreign affairs correspondent wendell goler live on the north lawn. what do we know about this? >> reporter: well, the folks here won't talk about the nature of the threat, but lay makers say it's a -- lawmakers say it emanates from the middle east and/or south asia. the department issued a worldwide travel alert a short while ago. house foreign affairs committee chairman ed royce of california

says vice president biden and other administration officials briefed him about the threat two days ago. >> it's al-qaeda linked, and based upon our experience of the past, we know that when information surfaces that shows that our personnel are at risk, we should act on that information. one of the examples would have been on 9/11 with the benghazi attacks. someone forgot to circle their calendar at that time, that it was 9/11 and did not preposition portion ifs and so forth. >> reporter: state department officials say this is borne of an abundance of caution, and the suspicion is it was prompted by the attack on the u.s. attacking in benghazi last year. four americans, including ambassador chris stevens, were killed. retired general jack keane feels the u.s. ought to tighten security in a number of countries. >> these guys are at war with us. they want to dominate the muslim regions. they want to control those countries. their number one strategic objective to accomplish that,

rick, is to drive the united states out of the region. the means to do that is to kill us. >> reporter: congressman royce says the house is working on legislation that would tighten embassy security by providing marines for more installations and not requiring private guard contracts to go to the lowest bidder. jon: wendell goler, thank you. alisyn: let's turn to kt mcfarlane, great to see you. >> hi, allison. alisyn: let's talk about this warning that has been issued that will close u.s. embassies and consulates around the middle east. this threat sounds different. this warning seems as though it's a different level. first of all, it's coming from the state department, not from individual embassies and individual ambassadors. in fact, one expert is calling this a, quote, precedent-setting event because the state department is making such a big deal out of this. how do you view it? >> yeah, i think it's really

significant. not only is the state department closing the u.s. embassies on what is the busiest day of the week in most of the arab world, which is sunday, but secondly, they've issued a follow-up warning to americans traveling throughout the region. americans traveling abroad. that's not just official americans, that's american citizens anywhere in the region. they've had a long press release associated with it which talks about the united states continues to be in consultation with foreign intelligence services. it says in the past al-qaeda affiliates and al-qaeda attacks have come on american citizens in a whole range of this things, at public places, at hotels, transportation sites. so this is a very large, come from prehencive, blanket warning that goes all the way to the end of august. and then you've got to assume, allison, that it's followed up by realizing we're coming up on another september 11th anniversary. i've got to assume that this warning is really good probably until mid september. alisyn: and speaking of the september 11th an rester si, do you think that as a result of

what happened in benghazi last september 11th -- >> right. alisyn: -- when, obviously, some red flags were ignored in benghazi, do you think that that's why the state department says it is exercising this abundance of caution? >> yes, but this is probably a very serious and credible threat. they're not just sort of panicking and being hysterical about it. they know something's going on, they know something's being planned. now, obviously, they want to have an abundance of caution, they don't want to have another benghazi. but something that really struck me, in the last week even the guy who claims responsibility for the benghazi attack, he's in benghazi, he's giving interviews. he gave interviews to cnn last week, to "the new york times," to reuters. he is sipping strawberry frappes poolside in a luxury hotel in beng about the september 11th attack, and we have done nothing to bring him to justice. i think what we've done by that, by that failure to go after the people who killed our people is

we have invited them to do it again. even the head of al-qaeda, zawahiri, has claimed that that benghazi attack was a great defeat for america. so we really, this is the consequence of leading from behind. this is the consequence of turning the other cheek. it just goes on, and it gets bigger. alisyn: kt, let's talk briefly about edward snowden. today he was granted temporary asylum in russia which means he could stay there for a year or longer. how what does the u.s. do? >> we're wringing our hands saying there's nothing we can do. there is, in fact, a lot we can do, and i wrote about it on the fox news web site saying where a number of things, maybe not with regards specifically to snowden, but, you know, for the last five years president putin of russia has gotten into obama's head. he prides himself on being a psychological analyst, and he's psyched obama out. at every step he's sort of one-upped, put obama in an

embarrassing, humiliating position, and that's what this putin thing is all about. it's time for the united states to realize we have a lot of leverage, and we should start using it. number one, cancel that meeting before the g8 summit meeting, the g20 summit meeting in september. number two, talk about a russian dissident in jail, maybe we should offer him a position in the united states at an american university. number three, talk about how the russian energy wealth is about to disintegrate as the russian oil fields are played out, and they need american and western technology and investment to develop new oil fields. and finally, we should just build that keystone pipeline, because that'll put shivers into the spine of putin. alisyn: those are great suggestions kt, and i haven't heard many people talking about them, but how much do we need russia? [laughter] >> right now, very little. they're not helping us with syria. they're not helping us stop the iranian nuclear program. despite the grand gestures president obama has made about,

for example, cutting the united states nuclear arsenal, the russians haven't responded in the positive with that. they've said, well, you know, why don't you stop your missile defense systems too. at every single step not only have they humiliated us, but they realize they can get away with it. so they're getting away with it. i was struck to see that russian vessels, military vessels are on their way to cuba. this is not, you know, not something we should allow the russians to do without responding. now, it may be petty, it may be sort of first wives' club that we respond to them in a petty way, but you know what? that's what putin's doing to us, and it has consequences. alisyn: kt mcfarlane, always a pleasure to talk to you. >> thank you. jon: and our pentagon correspondent is saying that there are 21 diplomatic facilities in and around the middle east that have been targeted for closure by the u.s. state department and also in response to in the pentagon is

positioning rapid response teams. they learned something from the benghazi attacks apparently, they've got troops ready to go in case there are problems. alisyn: sounds like they're taking it very seriously for sunday. jon: congressional lawmakers and their staffs strike a health care deal that will let the federal government continue to pay for a large part of their health insurance under obamacare. peter doocy live with that from washington. peter? >> reporter: and, jon, it's through a new obama administration regulation that's designed to stop a problem that lawmakers have been sounding an alarm about that if their staff members' health premiums go up under obamacare, they will just leave the hill to work in the private sector. so in this rule posted next week even when lawmakers and staffers are required to join the state exchanges, the government will continue to pay toward their insurance which means that, essentially, congress is not required to follow all the rules of the affordable care act which congress passed.

>> as much as we hate to see how our staff is going to be affected, the american people as a whole are going to be affected as well, and if we look out for just those in washington or on our staffs without looking out for every american, shame on us. >> reporter: the white house, though, saying its regulation will help enforce a proposed amendment from years ago to the affordable care act that was proposed at the time by republican senator chuck grassley that requires all lawmakers and their staffs to live by obamacare's rules and that now, quote, the proposed regulation to be issued next week will provide for the implementation of the grassley amendment making it clear these employees will enroll in marketplace plans, will not qualify for premium tax credits and like private sector employees will not lose their employer contributions for these health plans. the white house also says this regulation is in response to questions from democrats and republicans about what the law meant for them.

jon? jon: so they get obamacare, and they will live under its programs, but they also get the federal government to help pay for it. >> reporter: right, right, right. jon: peter doocy in washington, thanks. alisyn: well, congress is getting ready for a long summer break with new fears of a government shutdown looming. can lawmakers make a deal before it's too late? we'll take a look at that schedule. plus, if you need another reason to hit the gym, how about this? it may be very good for your genes. and we're not talking about your blue jeans, jon. a member of the fox medical a-team explains all that coming up. jon: i don't work out in blue jeans. ♪ ♪ i'm here at my house on thanksgiving day, and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen.

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jon: well, here is what's "happening" in washington. see all those folks? they're bolting.

congressional lawmakers are gearing up for a, count 'em, five week summer recess. our major concerns about a government shutdown that could come at the end of september as lawmakers on both sides of the aisle remain far apart on a wide range of issues including across-the-board spending cuts, taxes, of course, and specific spending bills on things like transportation and housing. so will they resolve it? monica crowley is here, she's a fox news contributor, author of "what the [bleep] just happened." there's a lot of talk of a government shutdown. do you think it's going the happen? >> well, there are a lot of moving parts. you have the continuing resolution, funding the government, starting -- actually starting october 1st. it ends on september 30th. you have the debt limit which needs discussion. you also have obamacare which is a big part of this conversation. and then, as you mentioned, there are separate spending bills like on transportation, for example, that are causing a lot of heart ache on both sides.

jon: we are reminded just today that it's a dangerous world out there. they're talking about shutting down 21 of our diplomatic facilities in the middle east because of a threat from al-qaeda. and yet the pentagon has taken the biggest hit of any of the agencies really under sequester. >> yeah, particularly under the sequester. and that is a big part of this ongoing conversation about the budget moving forward into the fall and raises the specter of a shutdown. the republicans want to extend the sequester because, essentially, it's their only real victory in cutting spending. the democrats want to not just roll it back, but end it completely and then go in the other direction which is adding spending, as we mentioned the transportation, housing bills, other items. more spending, of course, means the requirement for more taxes. harry reid is talking about any kind of tax overhaul or any kind of big, comprehensive budget situation that they might undertake, already sent the warning sign out: i will not

even think about any kind of deal that doesn't significantly increase revenue, which means -- jon: wait a minute. the president got, what, $100 billion in new actions the last time around at the start of the year? >> that's right. that's why this is a nonstarter. republicans already gave on taxes with the fiscal cliff deal, and that's why you have -- once again you've got groundhog day where neither side will come to any kind of agreement. jon: but shutting down the government back in the mid '90s didn't exactly help republican fortunes, did it? >> well, but that's really a myth, jon, because the media certainly spun it that way. they spun it as a republican disaster, the democrats pounded it every day. this was in 1995 when the government was shut down. but tail when you look at what happened in '96, during that elections cycle republicans only lost nine seats in the house, and they actually picked up two senate seats. and i would say that what happened in '96 to the republicans had more to do with bob dole's anemic campaign and

other national issues than it did with the government shutdown. i don't think it's as toxic as republicans fear it's going to. they're going to have to deal with the media who's certainly going to spin it in that direction, but the truth is americans want the government under control, they want debt brought under control. they want the deficit under control, stop spending. jon: very quickly, look at detroit. detroit declared bankruptcy in part because it has so many mandates to fund pensions and so forth that it cannot afford to pay -- >> right. jon: same kind of thing the federal government is facing. >> although the federal government has a magical printing press, jon, but you can't do that without consequence. so we do have to get this government and spending under control. jon: monica crowley, thank you. >> you bet, thanks. alisyn: well, a controversial program shaping up in california. suspects swapping their dna for a taste of freedom. coming up, we take a closer look at this. and wooly mammoths roamed the earth tens of thousands of years ago, but could these

prehistoric beasts be revived? one scientist is considering cloning the ice age giants.

alisyn: right now orange county, california, playing let's make a deal with suspects: hand me other a sample of your dna, and you could go free in certain cases. will carr joins us live from our los angeles bureau with more. >> reporter: here's the deal, so let's say that you get arrested for some kind of low-level crime in orange county, you could potentially get a dna swab like this. swap the inside of your mouth, get your dna. it's almost like your crime never happened. the program's nickname, spit and acquit. hand over your dna in orange county, california, and the

prosecutor may drop charges for low-level crimes like petty theft or public drunkenness. >> i think we're the first to do it the way we're doing it. >> which orange county has 90,000 dna samples on file. experts say the number of local law enforcement agencies getting into the dna business has spiked. >> through the use of dna, there's been cases out there that show you can get more arrests, more convictions. >> reporter: for years state and federal authorities have collected dna, compiling large databases to help solve crimes. the difference is these dna programs are heavily regulated. the newer, local dna programs have few regulations. >> these have often been referred to as rogue databases because they do what they want. >> reporter: but in orange county the district attorney insists it doesn't invade anyone's privacy. >> the use of this dna sample cannot be used for anything

other than identification, anything other than lack oferpr. no doubt in my mind that it's keeping people safer. >> reporter: the da tells me that on top of keeping his community safe, the spit and acquit program actually comes at a bargain. for each one of these, the defendants pay roughly about $75, that ends up paying for the bulk of the program. alisyn: will, thanks so much. jon: there's in new violence to tell you about in the middle east because police and palestinian protesters clash in jerusalem's old city. of course, the u.s.-backed peace talks are just getting underway. what this all means as far as that goes. plus, several major developments concerning the terror attack on our consulate in benghazi, our news watch panel weighs in next. hey linda! what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious!

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>> is really braces on my forces break up protesters with stun grenades. they demanded the release of palestinian prisoners from israeli jail. the violence comes if israel cap meant approved the release of 100 palestinian prisoners ahead of u.s. backed talks. jon: egypt's military leaders warning they would break up mitchell's in cairo but less

like thousands of morsi supporters marched at u.s. intelligence headquarters. muslim brotherhood and others are plenty more marches calling it egypt against the coup. they said it would protect protesters who leave citians voluntarily. or the 200 people have been killed since military ousted president morsi last month. jenna: it comes amid concerns on growing unrest across middle east and questions on how the united states should respond. the hard lessons of afghanistan and iraq are making isolationism a popular option for pundits on both sides of the spectrum. it is growing worse by the day. from egypt to syria, chaos spreading into lebanon and fighting flaring up in iraq also. the us when violence posing a real problem for president obama.

his negative washington of the "wall street journal" joins us now. you say most are not even aware of how the middle east is exploding right now. what do you mean? >> everybody knows there is a problem in egypt. people know there is a civil war underway. i don't think it is commonly known how much these things are connected. the war in syria particularly is a seeping over, creating a refugee crisis in jordan. the fourth-largest city in jordan right now is a refugee camp. a stable, u.s. ally that is affected by this. the syrian war has crept into iraq as well. israel sits in the middle of all of this and essentially surrounded by instability and rising forces. egypt all the way across jordan and syria. it is a very combustible situation right now. one of the things that happens over time and in history is when

the u.s. lets the middle east faster, it explodes and causes problem by creating a big spike in energy prices or by counterterrorism. jenna: it sounds and droppable. it sounds as though the u.s. cannot do anything. many people are suggesting isolationism is called for and we should not be getting involved in syria and other places. what do you think hashtag >> it is a good point? point. it is lower than it was traditionally in the middle east. the u.s. has traditionally been a big outside power in the middle east. among other things, this is kerry's of a smaller checkbook. it used to be the biggest providers outside aid to egypt, but that is not true anymore. saudi arabia writes bigger checks in the u.s. and as a result probably has greater

influence than the u.s. does. there is also as mentioned on the outset a feel of fatigue after 10 years, there has been a pullback from both of those places and the kind of desire not to get into one more of those kind of fights in syria. people in the region know that people outside the region know that and assume the u.s. will be less of a big player as it has been in the past. jenna: if we have that petit and we don't have the power anymore as you've outlined, what should the u.s. be doing? >> the options are limited. they should work with allies to make that happen. work with the saudis to convince the egyptian government to end the oppression of the muslim brotherhood and see if the brotherhood can be brought into new government there. work with the persian gulf allies to align the situation and calm down.

work with existing iraqi and afghan governments to see if there is some way to create a more stable government there. these are not big, satisfying steps, but that is what is left on the table for the u.s. at this moment. jenna: many u.s. presidents have long wanted to broker some sort of peace deal between israelis and palestinians, that would be obviously a great feather in the cap for any president. president obama is approaching some of these things. do you think now is the time for that, should president obama be attempting peace deals? >> it is always worthwhile to do something. a policy of neglect tends to let things fester and bad consequences tend to be the result of that in the middle east. getting israelis and palestinians to the table to talk is a sign of progress. it seems it is a sign of progress. is that a sign something will happen anytime soon? i don't think so. even though they are talking,

almost as if they are not talking, and that is where we are at right now. jenna: you don't think they are as aware of what is going on in iraq anymore. it may not be aware it has evolved into violence. >> most americans are probably relieved if they will be honest about it at this point. it creates a lack of attention to what is happening in iraq. it has been an upsurge in violence that continues to be the danger iraq is are too close to iran or it splinters off and becomes kind of a failed state. that is a little overdramatic, but whatever is going on, i don't think the americans have the same level of interest. jenna: thank you for helping us break it all down. jon: there were several bombshells including the deadly terror attack on the consulate in benghazi, libya.

the cia allegedly pushing five of its officers involved in the incident to sign additional nondisclosure agreements this spring aimed at discouraging them from leaking the stories to the press. another network conducted a two hour interview with a key suspect in the attacks and then the kernel, former special operations commander who played a key role the night of last year's attack briefing the house armed services committee this week in a closed-door session, no media present. there is, as men. >> we had a key role at a very important time, he has a lot to offer in terms of perspective, but i want to have a full array of people come before the american people and the families to answer questions. one of the pertinent questions today is why have we not captured or killed the terrorist who committed these attacks? jon: so with all of these

developments, why are most of the mainstream media staying pretty much silent on this story? judith miller is a pulitzer prize award winning author, kristen powers is a daily beast columnist, most of them fox news contributors. should we be surprised, judy, the cia is trotting out additional nondisclosure agreements for his agents to sign in regards to what happened the night benghazi was attacked? >> we should be surprised about that, and we should be surprised as well about the additional polygraphs if cnn and other networks are to be believed, at least five people have been subjected to these nda, but also the cia is doing polygraphs monthly on some employees involved in benghazi. these are issue polygraphs, if you have leaks it damages national security or if a bunch

of your russian agents suddenly die, he would call in people and conduct these emergency polygraphs but normally they are performed between 3-5 years. in a normal review. so something is going on here. we don't know what it is. this kind of pressure on employees is extraordinary and yes, the press has been all too quiet about this issue. it has been since the beginning and it continues to be. jon: how do you see it? >> absolutely. a lot of different things that are newsworthy. i think the fact that the media, i don't know they just don't want to miss something was there in covering these stories will be admitting there was something there, where they really are that in the white house. at the end of the day there's no reason that the survivors shouldn't be made available at least members of congress, they don't have to discuss anything

publicly in terms if there is something going on at the cia that cannot be disclosed publicly. it is that understandable they cannot discuss what happened regarding the attack. i think all of the secrecy, everything judy outlined that has been reported is disturbing and there are reports the cnn interview with one of the suspects of the attack, nobody seems interested in that despite the fact the president has claimed these people are being hunted down and prosecuted. jon: it is one thing to make the survivors of the attacks to be made available, but cnn found this guy who is considered one of the suspects in the attacks says he is willing to talk to the fbi but the fbi has not talked to him. one former agent gets on and says why would we go and talk to him if he is a suspect, we would keep him under surveillance. what do you make of all of that? >> he was a person of interest

and a suspect, they certainly went to him again and again and again as well as all of his friends and all of his relatives, anyone who has anything to do with potentially anthrax attack. this explanation simply does not hold water. something is being covered up, i suspect it has something to do with the annex in which there were many cia people in benghazi. we don't know yet. bob baer has told me he definitely has never seen anything like this kind of behavior on the part of the agency. i think the press needs to be more curious. jon: they did say we won't get the people responsible of this attack on the compound. is anybody in the media asking how does that stand, where does that stand? >> no. cnn is hardly even running the interview their own reporter did with this suspect. not only are other people not

picking up on it, cnn does not seem that interested in it. this is a pattern with the obama administration trying to silence people. the polygraph to make sure that nobody is leaking something to the media again, w we're not talking about classified information. it goes without saying nobody says they should come out and say what they are doing but to talk about what happened that night is not classified information. jon: you can catch more with this great panel this weekend, we will cover the coverage of the top stories, that is saturday at 2:30 eastern right here on the fox news channel. thanks. jenna: a lot of new research on diet and exercise, yet a new reason to hit the gym. how a workout can affect your genes and what that can mean for the quest to lose weight and to your children. as the new evidence americans

are cutting back on fruit in the war on sugar and why that is such a bad idea. plus a worldwide travel alert for americans, and on of the news and the seasoned u.s. facilities all over the world will shut down on sunday. the warnings from the state department and what is behind those straightahead. ressive ins. you know, from our 4,000 television commercials. yep, there i am with flo. hoo-hoo! watch it! [chuckles] anyhoo, 3 million people switched to me last year, saving an average of $475. [sigh] it feels good to help people save... with great discounts like safe driver, multicar, and multipolicy. so call me today. you'll be glad you did. cannonbox! [splash!] ♪ [ female announcer ] when your swapportunity comes,

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because we know exercise is good for your muscles and good for your cardiovascular health, but your genes? >> we are getting closer and closer to knowing the secrets of health. we talked about how exercise is good for you. now we're going for macro molecules to microscopic. getting to exactly what is going on. they look at the fat cells, and exercise the increasing emasculation. some of the receptors in our genes starts to change after you exercise. why is that important? if they are the response for diabetes, and obesity, seems to be changing as a result of exercise. now we're starting to understand it is not just a myth, it does change the genetic component of your body. jenna: that can be passed on to

your children? >> anytime you have children, some of your genes are passed on. this concept in the muscle and fat is a great concept, changes the receptors and that changes the metabolism of the way they communicate with each other. that is a very interesting study. jenna: it sure is. we know there is a big obesity problem now it spells out how much heavier kids are at the same age and they were in the late 1970s and that means the kids are eating about 200 more calories per day. i was supposed to start restricting calories from our kids now? >> i am not sure what the solution is, but every week we talk about this problem. the fact we have a real epidemic among our children, that number you just mentioned is astronomical, significant.

we will have a lot of juvenile diabetes, lot of obesity coming up and we had to discipline our kids better, portion control, watch what they eat but i am not sure if people are really listening. jenna: that is a great point. we all know we should be restricting our sugar and watching how much sugar we have in our diet. now a new report suggests fruit can actually help you lose weight and you should not restrict fresh fruit. >> i was expecting it to say a spoonful of sugar will help medicine go down. we're talking about the index diet versus glycemic index. the difference between sugar in soda and sugar in food. when you have a piece of apple e the sugar goes in very slowly, so your body doesn't feel as hungry. when you have a can of soda, you

will get a big surge of sugar is secrete insulin. you exhaust your pancreas and over time your body will get in unit and does not understand the sugar is not good for you, increased risk of diabetes from that. so not every sugar is the same thing. it is absolutely perfect for you, i have no problem people eating as much as they want. jenna: even coupling it with fiber causes you to lose weight. >> that is a good point. it is good for you. jenna: great to see you, thanks a lot. >> have a good one. jon: keep the diet up. more sexual harassment against san diego's mayor. and nice woman is coming forward. what she is saying about the good mayor ahead. imagine seeing these guys roaming the earth once again.

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jon: right now you probably only seen them in natural history museums all stuff, but could woolly mammoth roam the earth again? scientists who cloned dolly the sheep are exploring the idea after finding them with bones from siberia. good idea or is there a good reason the mammoth' is extinct and no longer wandering our planet? science and technology editor of foxnews.com. so the idea is to have found

some relatively intact mammoth skeletons, or not even skeletons, some of them have logged still frozen in the pipeline. the idea you take the dna from one of these, implanted in an elephant egg and gives birth to a mammoth? >> can you imagine one of these tiny things on day one, the first in 10,000 years stumbling around for the first time? it blows my mind. jon: the guy who cloned dolly the sheep says it can be done, right? >> this is something we have talked about for decades now. when he created dolly, he says this is something sciences are thinking about seriously, that makes it much more realistic, it could help him. jon: she lived about six years, died of i think lung disease.

sheep in natural born sheep live twice as long as she did. cloning isn't exactly the science that is here yet. >> right. we have to think this creature may not live the greatest life if it exists, if it works. reproduced but not so well, so definitely one of the ethical issues is are we going to create something that doesn't have such a good life? jon: eu necessarily want to clone a thing that is no longer stomping around the earth. >> i think there are lots of reasons to do this, it is a huge step forward for reproductive medicine and dna science and genetics, massive advances if it were to work. there is a reason to do it, but we really have to think about do we want to. jon: where do you put it? >> exactly.

if there is just one of a species, it is going to be lonely. shouldn't there be two of them or perhaps four of them? i don't think it is fair to do that to one creature. jon: keep us updated if this idea goes forward with any possibility. >> they are seriously talking about this so who knows what could happen. jon: thank you. >> from a massive mammoth to a bear. with a big appetite. wait until you see the four-legged furry beast taking his food to go.

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dumpster diving. he's surveying the situation and opens the top outside of a restaurant in denver and decides to take the dumpster away with him. he take its all the way back to the beer den. >> fall is coming and he has to iberinate. >> and one picnic basket doesn't do it. >> hey, boo- boo. >> nicely done. there is bears everywhere in colorado. >> that's why in the mountains especially the mountain communities, they require dumpster bins that look. it is not good for the bears to depend on people for food. >> they shouldn't have fried. >> good video. >> thank you so much. >> i will be off next week and we thank you for joining us. >> okay, have a great weekend

and america liveh a fox news al concerns of an al-qaeda terrorist attack triggering a worldwide travel alert and closure of two dozen embassies and consulates a round the globe. i am shannon in for megyn kelliy. it is serious and credible and could come at any time. the state department issued the warning after picking up signs of a al-qaeda plot against posts in the mideast and other countries. they are targeting public transportation systems and popular tourist attractions. there is 21 closed for sunday. including egypt and libya and afghanistan. >> the pentagon said security forces in the area are on